Frequently Asked Questions
Q: What does Deuteronomy 21:16 mean?
A: Deuteronomy 21:16 teaches that a father cannot favor the son of his 'beloved wife' over the firstborn son of his 'hated wife' when distributing inheritance. According to Rashi, this means the Torah protects the rights of the firstborn (even if his mother is less favored) to receive a double portion of inheritance (as stated in Deuteronomy 21:17). The terms 'beloved' and 'hated' are understood by Chazal (our Sages) to refer to relative favoritism, not literal hatred.
Q: Why is the law of the firstborn's inheritance important?
A: This law is important because it establishes fairness in family inheritance and prevents parental favoritism from disrupting the natural order. The Rambam (Hilchos Nachalos 2:12) explains that the firstborn's double portion is a fixed law, regardless of the father's personal feelings. This maintains stability and prevents jealousy among siblings, which aligns with the Torah's emphasis on justice and family harmony.
Q: Does this verse apply today if someone has a firstborn son?
A: In practical Halacha (Jewish law), the laws of firstborn inheritance still apply in principle, but since most Jewish inheritance today follows rabbinic courts or legal wills (depending on the community), the biblical double portion is not always enforced as it was in ancient times. However, the ethical lesson—avoiding favoritism and treating children fairly—remains timeless and applicable in all family relationships.
Q: What does 'hated wife' mean in this verse?
A: The term 'hated wife' (שנואה) does not mean actual hatred. Rashi and the Talmud (Kiddushin 70a) explain that it refers to a wife who is less favored compared to another wife (in cases of polygamy, which was permitted in biblical times but later banned by Rabbeinu Gershom). The Torah uses strong language to emphasize that even if a father prefers one wife over another, he cannot disregard the inheritance rights of her firstborn son.
Q: What lesson can we learn from this verse?
A: This verse teaches the importance of fairness and resisting personal biases, especially in family matters. The Sforno comments that the Torah safeguards the firstborn's rights to prevent fathers from acting impulsively based on emotions. On a deeper level, the Midrash (Tanchuma) connects this to the idea that divine law overrides human feelings, reminding us to prioritize justice over personal preferences in all aspects of life.
Context and Source
This verse appears in Devarim (Deuteronomy) 21:16, within the broader discussion of the laws of inheritance and the rights of the firstborn. The Torah here establishes a legal framework to prevent favoritism in inheritance, particularly concerning the bechor (firstborn) son.
Key Terms and Their Meanings
Halachic Implications
Rambam (Hilchos Nachalos 2:12) codifies this law, emphasizing that a father may not disregard the rights of the firstborn son, even if he prefers another son due to personal feelings. The Torah's insistence on this principle ensures fairness and prevents familial strife.
Midrashic Insights
The Midrash (Devarim Rabbah 6:5) connects this verse to the story of Yaakov and his sons, noting that Yaakov's favoritism toward Yosef (son of Rachel, the "beloved wife") caused discord among the brothers. The Torah's law here serves as a corrective measure to avoid such conflicts in future generations.
Moral and Ethical Lessons